Mediation

The mediator impartially aids two or more parties (prior to or during litigation) explore options for resolving their disputes. Marasco Mediation takes the time to get to the know the parties and their interests in order to help craft a resolution that best serves the parties. Any resolution is entirely the choice of the parties – this both allows the parties to bring creative solutions to the table and avoid the uncertainty of what a disinterested stranger, such as a judge or jury, might impose upon them.

Arbitration

Arbitration, either binding or non-binding, allows the parties the present their case to an impartial arbitrator who will hear the parties’ arguments and review their evidence before issuing a decision, often referred to as an “award,” about the matter in dispute. Marasco Mediation serves as an impartial arbitrator pursuant to rules and procedures mutually accepted by the parties.

Peer Review Hearing Officer

Disciplinary actions taken by the physician medical staff of a hospital may create rights to a hearing for the physician against whom the disciplinary action has been taken. Marasco Mediation serves as a hearing officer in these peer review disciplinary matters, whether as an arbitrator or overseeing matters involving a judicial review committee (JRC) of physicians who are to render the decision.

Private Judging

Some jurisdictions permit parties to utilize a private judge to oversee a trial of their disputes, and the decision of the private judge would be entered into court with the same effect and appeal rights as a decision rendered by a trial judge. Marasco Mediation is available for parties interested in expediting their matters by utilizing a private judge.

Special Master and Discovery Referee

In order to help alleviate the backlog of cases, both federal and state courts regularly appoint special masters or discovery referees to handle various aspects of litigation. These special masters/referees are often better positioned to pay close attention to a specific matter and help expedite resolution of disputes arising during the course of the litigation. For example, these masters/referees assist with (a) discovery motions and disputes by making recommendations to the court or empowered to rule on the disputes directly, (b) managing e-discovery, (c) negotiating resolutions of disputes within the litigation or the entire litigation itself, (d) leading the implementation of a settlement agreement, and (e) administering claims and distributing proceeds to a class action settlement, to name a few. Marasco Mediation serves as a special master/discovery referee and teams with third parties when serving as a settlement special master/claim administrator.

Criminal Mediation

There is, essentially, no such thing called criminal mediation. Nonetheless, given our founder’s experience as both a federal prosecutor and a criminal defense attorney, Criminal Mediation is another service that Marasco Mediation offers.  Marasco Mediation can assist prosecutors and defense attorneys work toward an acceptable plea agreement or creative resolution of a criminal investigation without the parties having to disclose sensitive information. Alternatively, Marasco Mediation can serve as a consultant plea negotiator on behalf of, or as an advisor to, the defense team. This may be beneficial where the defense attorneys are unfamiliar with negotiating in a particular jurisdiction or amicable discussions have broken down between the prosecutors and defense attorneys, among other situations.